Final Exam Guide Flashcards
This has everything from the previous study guides but in more detail to be safe!
What is law?
According to Blackstone, law is a rule of civil conduct, commanding what’s right and what’s wrong
What are the objectives of law?
Establish enforceable rules of conduct among individuals and between individuals and society
Governing relationships (peacefully resolve disputes)(establish frameworks for societal operations)
Concerned with what is right or wrong regarding business transactions
Business Law
What are the roots of our legal system?
Europeans (English, French, Spanish) colonists settled in the US
Customs that came to be recognized by the courts as binding on the community and therefore the law
Common Law
Colonists brought the concept of Common Law to the US from where?
England
- Equal treatment (different tools)
- Justice System based on fairness
- Provides relief other than merely $ damages
Equity Law
What are the 4 sources of law?
- Constitutional Interpretation
- Statutory Law
- Judicial Decision
- Administrative Agency Orders
A document that contains fundamental principles of a government
Constitution
What is the supreme law of the US land?
Constitution
If a rule is unconstitutional, what happens?
It gets removed because rules have to comply with the Constitution
Consists of the 10 amendments designed to protect the civil rights and liberties of citizens and the states
Bill of Rights
Law enacted by legislative bodies (federal, state)
Statutory Law
Law enacted by cities
Ordinance
Court decision that determines the decision in a subsequent, similar case
Precedent
Principle that a court decision controls the decision of a similar future case (first decision begins to apply on future similar cases regardless of the person)
Stare decisis
Government board or commission with authority to regulate matters, implement laws, rules, regulations, orders, and decisions
Administrative Agency
What is Civil Law?
Concerned with private or purely personal rights
Was this case civil or criminal? How can you tell?
Frederic Goldman vs James Simpson
Civil because it has 2 last names against each other
What is criminal Law?
Laws dealing with crimes and the punishment of wrongdoers
Laws dealing with offenses against society as a whole
Was this case civil or criminal? How can you tell?
State of California vs James Simpson
Criminal because it’s the state against person
Private or civil wrong or injury, other than by breach of contract, for which there may be an action for damages
Tort
Failure to exercise ordinary care (didn’t comply with bare minimum requirements)
Negligence
A defendant is liable for committing an action, regardless of what their intent or mental state was when committing the action
Strict Liability